It may surprise you to know that there is no such thing in California as common law marriage, or to be more accurate, a common law marriage can never be created in California. It’s widely believed that if a couple lives together for many years and holds themselves out to the world as a married couple, then the couple will be considered to be legally married. While this can be possible according to the laws of a few states, California abolished common law marriages over a hundred years ago. California will, however, recognize common law marriages that were created in states which do recognize them. (more…)
Archive for the ‘Community Property’ Category
The Truth About Common Law Marriage & “Palimony” in California
Friday, January 8th, 2010
Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?
Wednesday, November 18th, 2009Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune. Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives. If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces. The idea has not come to California yet, but if it did, how well would it work?
As part of Brazil’s online divorce, you’d be able to divide assets. While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what. For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage? (more…)
A House Divided, Literally: What Not to Do When Dividing Your California Property at Divorce
Friday, August 7th, 2009Abraham Lincoln once said, “A house divided against itself cannot stand,” but in lands far away from California, two men in Germany and Cambodia have proven otherwise. In 2007, a German man divorcing his wife took a chainsaw to his wooden house, splitting it in two and then transported his newly redesigned home to his brother’s property. The following year, it happened again. This time the setting was Cambodia, where a man similarly decided that the court system’s idea of property division just wasn’t for him. Instead, he sawed his home in half before moving it to his parents’ property. (more…)
In Between Marriage and Divorce: What’s Legal Separation in California and is it Right for You?
Friday, August 7th, 2009You’ve probably heard the term “legal separation” often, and you may be unsure of what it really means under California law. As reported by People, Sean Penn filed for divorce from his wife Robin Wright Penn in 2007, dismissed the divorce a few months later, and later filed for legal separation in April 2009, only to dismiss this petition the following month. While this is described as the second time that Penn calls off his divorce, legal separation is not divorce, because a legal separation doesn’t legally end a marriage. So what does it do? (more…)
Is it Yours, Mine, or Ours? Getting Married in California and Meeting Your Goals
Monday, July 13th, 2009If you’re getting married, then you should think about how California’s community property rules will affect you, and whether there’s a better way for you to promote your financial goals. You may have heard that after seven years together, Harrison Ford and Calista Flockhart confirmed they’re getting married, and I can’t help but wonder-will there be a prenup? Thinking back to another famous Hollywood marriage, the Tom Cruise-Katie Holmes prenuptial agreement reportedly provides Holmes from between $3 to $33 million per year, according to MSNBC. (more…)
